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(영문) 서울남부지방법원 2015.07.07 2014고단5160

권리행사방해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On April 20, 2012, the Defendant: (a) registered EMW car with the ownership of 50% of the shares of the Defendant and F at the office of the trading company in Busan East-gu, Busan-gu; (b) agreed to repay the said loan obligation by means of lending KRW 30 million from Aju Capital Co., Ltd., Ltd., which is a victimized company, and paying KRW 1,368,830 each month for 30 months; and (c) on April 27, 2012, the victimized company set up a collateral security right, which is the claim value of KRW 21 million, as collateral for the above loan obligation.

From January 12, 2014, the Defendant: (a) paid a total of KRW 22,341,223 to the victimized company for 16 months until August 2013; (b) provided the said vehicle as security by borrowing KRW 2,00,000 from G around January 12, 2014; and (c) concealed the said vehicle, which served as the object of the right of the victimized company, as a non-floor; and (d) obstructed the exercise of the right of the victimized company.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement related H;

1. Application of Acts and subordinate statutes to copies of vehicle acquisition certificates;

1. Article 323 of the Criminal Act applicable to the crime;

1. It is so decided as per Disposition for not less than Article 62 (1) of the Criminal Act (including the fact that there is only a single-time criminal record against the defendant, a reflective fact, etc.).